Insurance covering poor building work and dispute award

maxdraki

Hi Everyone - this is perhaps a bit of a longshot

A couple of years ago we undertook some renovation work with a builder - recommended and selected through a tender process. We signed a JCT Homeowners Contract with him.

To cut a very long story short, things didn't go well and we ended up going through the RICS Dispute Resolution Service which we won. Throughout the case the builder didn't engage and all requests for payment were ignored. He then declared himself bankrupt. This was all last year.

The builder was set up as a sole trader. A solicitor didn't think there was any chance of recovering any money as his assets were in his wife's name. Our buildings insurance company at the time - the AA - didn't seem in the slightest bit interested.

We've since discovered that he's also buggered up the flat roof he installed.

I've recently discovered that the builder had insurance himself - specifically a Self Employed Tradesman Policy from Aviva

Does anyone know if I have any chance of claiming back any of this - either from my insurance company or the builder's, or is it just another case of a cowboy builder and insurance fine-print?

Thank you

DullGreyGuy

Employers liability and Motor are the only two classes of insurance that are there directly to protect the third party and coincidently are the only two classes of compulsory insurance. All other classes of insurance are there to protect the insured and it is at their discretion if they want to claim or not. 

Your Home insurance will provide no cover for defective workmanship, if you had legal expenses insurance then they may assist in pursuing the builder but to do so they must be confident of a 51% chance or higher of success and you have already had legal advise that the case won't succeed as the defendant has no assets. 

You could submit a claim to Aviva, they'd then take instruction from their client (assuming there are no indemnity issues) but he may instruct them not to deal with you. It may also be the case that he was only buying tool and PA cover from them... the name suggests a package policy where you select which sections you want coverage for. 

maxdraki

I thought that might be the case - thanks for confirming @DullGreyGuy
I have contacted Aviva on the off chance, but more in hope than expectation
Thank you